Viewpoint | The Pathways Used by Dishonest Judgment Debtors to Evade "Height Restriction" Measures Using Passports and the Response Strategies of Bank Creditors
Published:
2025-08-26
To urge dishonest judgment debtors to actively fulfill their debts, the court has adopted various credit punishment and restriction measures, among which the most common is the restriction on high consumption order. The purpose of the high consumption restriction order is to prohibit the judgment debtor from making high-value expenditures that are not necessary for daily life and work, to prevent improper dissipation of their assets, and to encourage them to repay debts as soon as possible. However, with the expansion of the scope of enforcement measures and the strengthening of enforcement efforts, some dishonest judgment debtors attempt to evade the constraints of the high consumption restriction order by exploiting management and technical loopholes. A particularly concerning issue is whether judgment debtors subject to high consumption restrictions can bypass information monitoring based on resident ID cards by using passports or other entry-exit documents, thereby continuing to travel by airplane, high-speed train, and other means of transportation.
Introduction
To urge dishonest judgment debtors to actively fulfill their debts, courts have adopted various credit punishment and restriction measures, among which the most common is the restriction on high consumption order. The purpose of the high consumption restriction order is to prohibit the debtor from making high-value expenditures that are not necessary for daily life and work, to prevent improper dissipation of assets, and to urge them to repay debts as soon as possible. However, with the expansion of enforcement measures and the strengthening of enforcement efforts, some dishonest judgment debtors attempt to exploit management and technical loopholes to evade the constraints of the high consumption restriction order. A particularly concerning issue is whether debtors subject to the high consumption restriction can bypass the information monitoring based on resident ID cards by using passports or other entry-exit documents, thereby continuing to take airplanes, high-speed trains, and other means of transportation.
If this evasion path works, what are the specific operational methods and system loopholes? For creditors such as commercial banks, what practical measures can be taken during the enforcement phase to make up for institutional loopholes? This article will explore the above two questions.
I. Analysis of the Path by Which Dishonest Judgment Debtors Use Passports to Evade High Consumption Restrictions
1. Using Passports and Other Documents to Evade High Consumption Restrictions: Loopholes in the Identity Recognition System
Loopholes in the identity recognition system are the main entry point for evading high consumption restrictions. Purchasing domestic flight tickets, high-speed rail tickets, and hotel check-ins mainly rely on the citizen ID number as the basis for personal identity verification, and the enforcement of the high consumption restriction order also mainly depends on ID card information. However, currently, the resident ID card and other entry-exit documents have not yet achieved complete information binding or sharing, and the information asymmetry between security checks and border inspections also provides room for evasion. It is precisely based on this loophole that those subject to the "high consumption restriction" have an opportunity to exploit.
It should be noted that using passports and other documents to evade the high consumption restriction order is already illegal. According to Article 11 of the high consumption restriction regulations, if a debtor violates the high consumption restriction order and engages in prohibited consumption, it constitutes refusal to perform the effective judgment or ruling of the people's court. Once verified, the court may impose penalties such as fines or detention according to relevant provisions of the Civil Procedure Law. In severe cases constituting a crime, criminal responsibility for refusal to execute judgments and rulings may also be pursued.
2. Typical Paths for Dishonest Judgment Debtors to Evade High Consumption Restrictions
Based on judicial practice, the main methods by which those subject to the "high consumption restriction" use passports and other means to evade consumption restrictions are as follows:
(1) Using their own passport to purchase tickets directly: This is the most direct method. Domestic airline booking systems have high consumption restriction alerts for ID numbers, but sometimes do not trigger interception when booking with a passport number.
(2) Using Hong Kong and Macau travel permits or other people's documents to purchase tickets: Some debtors hold Hong Kong and Macau residents' permits for traveling to the mainland or Taiwan permits, which can also be used as identity proof in certain ticket purchasing scenarios.
(3) Using overseas ticket booking channels: Some dishonest individuals choose not to use domestic booking systems but instead use overseas booking websites or foreign airline channels. These channels often only require basic passenger information such as name and date of birth, and payment is made in foreign currency or through overseas payment methods.
(4) Using scalpers or "black intermediaries" to purchase on their behalf: A more industrialized and seriously illegal method. They often claim to have internal channels to buy plane tickets and high-speed rail tickets for those under high consumption restrictions, charging high service fees.
II. Countermeasures for Commercial Bank Creditors During the Enforcement Phase
As creditors, after the effective judgment enters the enforcement procedure, they should rely on the court to take compulsory measures according to law, and also take initiative to cooperate with judicial authorities to jointly prevent debtors from evading debt fulfillment by exploiting institutional loopholes. Regarding the behavior of dishonest judgment debtors possibly evading "high consumption" measures through passports and other documents, the following countermeasures can be taken:
1. Timely application to improve enforcement measures: inclusion in the dishonest list and exit restrictions
After the court files the enforcement case, the bank should actively communicate with the handling judge to confirm that consumption restriction measures such as the "high consumption restriction order" have been taken against the debtor, include them in the dishonest judgment debtor list, so that they face joint punishments in many areas such as financial credit, holding senior management positions, and government procurement, increasing credit pressure and urging fulfillment. In addition, for debtors who may exit the country, the bank should immediately apply for exit restrictions according to law. Once the exit restriction is ruled, the court will issue a cooperation notice to the public security exit-entry department, which can detain the debtor's passport and other documents and control their identity in the border inspection system. Therefore, the combination of "high consumption restriction order + dishonest list + exit restriction" should be fully utilized.
2. Conduct in-depth investigation of the debtor's identity background and obtain a complete set of document information
For borrowers who maliciously evade enforcement, by grasping clues about their identity background and conducting a comprehensive investigation, banks can provide the court with more complete intelligence, making enforcement measures more targeted. The more information held in the enforcement game, the easier it is to enforce effectively.
3. Strengthen cooperation and monitoring: timely monitoring and reporting
Pay attention to abnormal account fund transactions and consumption records, monitor online public opinion and social media for key cases involving debtors, and maintain communication with enforcement agencies and public security organs. In major cases or cases with obvious evasion risks, proactively contact the court enforcement command center or local public security economic investigation departments to report debtor movement intelligence and seek cooperation and support.
4. Apply for judicial punishment measures: increase the cost of illegal behavior for debtors
Even with sufficient preventive work, it is still difficult to completely prevent some debtors from taking desperate measures. Once the bank discovers or suspects that a debtor has violated the high consumption restriction order by using a passport to purchase tickets, travel by plane, or engage in high consumption tourism, it should immediately urge the court to hold them accountable according to law, increasing their cost of illegal behavior. If verified by the enforcement court, the debtor may be fined up to 100,000 yuan (individual) or detained for up to 15 days.
For those with huge amounts, who have the ability to perform but have long evaded enforcement, and who refuse to repent after fines or detention by the court, the bank may report their behavior to the court or procuratorate as suspected refusal to execute judgments or rulings under Article 313 of the Criminal Law. Once entering criminal proceedings, the defaulter will face criminal sanctions, which has a strong psychological deterrent and urges fulfillment. Severely punishing a batch of typical evaders is important for deterring other potential imitators and purifying the enforcement environment.
For those who assist third parties in evading enforcement, the Supreme Court has clearly stated that organizations or individuals helping debtors evade the "high consumption restriction order" will be punished by detention, fines, and other penalties according to law, and in serious cases, criminal responsibility will also be pursued.
III. Conclusion
In the field of compulsory enforcement, the issue of debtors using passports to evade "high consumption" measures reflects a battle of offense and defense between judicial punishment and social governance.
In response to dishonest debtors disguising themselves with various "vests" to evade enforcement, the most effective approach is to closely cooperate with judicial authorities, use legal tools, close loopholes, and leave no opportunity for dishonest parties. From applying for height restrictions, blacklists of dishonesty, and exit bans as a package of measures, to thoroughly investigating the information of the persons subject to enforcement, monitoring their whereabouts, and then reporting, punishing, and even pursuing criminal liability, each step plays an active role. This ensures that the "height restriction order" truly becomes a strict and enforceable command, thereby effectively safeguarding judicial credibility and the legitimate rights and interests of creditors.
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Zhongcheng Qingtai Jinan Region
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